Bernadette McSherry

This issue of the Journal of Law and Medicine includes the following articles: “The Impact of the Law in Helping or Hindering Fertility Preservation for Children with Cancer Facing Gonadotoxic Therapies” – Sonia Allan, Debra Gook and Yasmin Jayasinghe; “To Mandate or Not to Mandate: A Review of Mandatory Reporting of Suspected Child Abuse and Neglect” – Natalie A MacCormick; “Domestic and Family Violence, Reproductive Coercion and the Role for Law” – Heather Douglas and Katherine Kerr; “Legality of Embryonic Gene Editing in Australia” – Michelle Taylor-Sands and Christopher Gyngell; “An Ethics of Care Approach to Regulating Surrogacy” – James Cameron; “Misconduct, Self-inflicted Injury, and Suicide in Workers’ Compensation: A Review of the Australian Legal Framework” – Victoria Lambropoulos and Robert Guthrie; “Impostors and Impersonators: Fake Health Practitioners and the Law” – Ian Freckelton QC; “Data Custodians and the Decision-making Process: Releasing Data for Research” – Carolyn Adams, Judy Allen and Felicity Flack; “Discussing Voluntary Assisted Dying” – Carolyn Johnston and James Cameron; “The ‘Ice’ Storm: Problems with Expert Evidence on the Effects of Methamphetamine” – Jacqueline Horan and Daniel Thomas; “Mercury Pollution from Coal-Fired Power Plants: A Critical Analysis of the Australian Regulatory Response to Public Health Risks” – Grace Bramwell, Felicity Wilson and Thomas Faunce; “Transferring Health Big Data within the European Legal Framework: What Role for National Healthcare Services?” – Davide Golinelli, Fabrizio Toscano, Andrea Bucci and Gherardo Carullo; and “The Coroner’s Role in the Prevention of Elder Abuse: A Study of Australian Coroner’s Court Cases Involving Pressure Ulcers in Elders” – Catherine Anne Sharp, Jennifer Sarah Schulz Moore and Mary-Louise MacLaws.

Also in this Part are the following sections: Editorial: “The 1628 Vasa Inquest in Sweden: Learning Contemporary Lessons for Effective Death Investigation” – Ian Freckelton QC; Legal Issues: “Alternatives to Compulsory Detention and Treatment and Coercive Practices in Mental Health Settings” – Piers Gooding and Bernadette McSherry; Medical Issues: “The Investigations into What Happened at the Gosport War Memorial Hospital – Did the Coroner’s Process Help?” – David Ranson; and Medical Law Reporter: “Legal Strategies to Cure the Plastic Planet: Corporate Marriage and Public Health Regulation of Single-Use Non-Biodegradable Plastics” – Angela Gock, Edward Dale, Lucina Ou-Yang, Sally Wheeler and Thomas Faunce. There is also a review of the following book: “The Arsonist: A Mind on Fire” by Chloe Hooper – reviewed by Ian Freckelton QC.

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.

The latest Part of the Journal of Law and Medicine include a Guest Editorial: “Where to Now for Reform of Global Health Governance?” – Professor Belinda Bennett; and the following sections: Legal Issues: “Current Challenges for the Regulation of Chemical Restraint in Health Care Settings” – Bernadette McSherry and Juan José Tellez; Medical Issues: “Solitary Confinement: Going Down the Rabbit Hole” – Danny Sullivan and Adam Deacon; Complementary Health Issues: “The Need to Develop a Regulatory Body for the Practice of Al-Hijama” – John F Mayberry; and Medical Law Reporter: “Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers” – Caitlin Yazidjoglou and Thomas Faunce.
Also in this Part are the following articles: “Parents’ Opposition to Potentially Life-saving Treatment for Minors: Learning from the Oshin Kiszko Litigation” – Ian Freckelton QC; “The Legal Vacuum Surrounding Access to Gene-based Research Materials and Data” – Jane Nielsen and Dianne Nico; “Disclosure of Individual Research Results and Incidental Findings in Biobank Research: Why We Need an Evidence-based Approach” – Jennifer Fleming, Margaret Otlowski, Cameron Stewart, Christine Critchley and Ian Kerridge; “Open Access DNA, RNA and Amino Acid Sequences: The Consequences and Solutions for the International Regulation of Access and Benefit Sharing” – Charles Lawson and Michelle Rourke; “Access to Experimental Treatments: Comparative Analysis of Three Special Access Regimes” – Barbara von Tigerstrom and Emily Harris; “Regulation of Non-consensual Genetic Testing in Australia: Use of Samples from Deceased Persons” – Rebekah E McWhirter and Margaret Otlowski; “Translating Knowledge from Research to Outcomes: Pharmacogenomics in the Treatment of HIV/AIDS” – Jayne E Hewitt; “Some Legal Issues Regarding the Patenting of Human Genetic Materials” – Peter MacFarlane and Betty Kontoleon; “Non-invasive Prenatal Testing: The Problem with ‘Fast Cars'”– Jeanne Snelling, Nikki Kerruish and Jessie Lenagh-Glue; “Medical Abortion in Australia: What Are the Clinical and Legal Risks? Is Medical Abortion Over-regulated?” – Anne O’Rourke, Suzanne Belton and Ea Mulligan; “New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Decisions 2004-2014” – Lois J Surgenor, Kate Diesfeld, Michael Ip and Kate Kersey; and “Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand” – Meenal Duggal. There is also a review of the book “Health Law in New Zealand” by Peter Skegg and Ron Paterson (eds) – reviewed by Ian Freckelton QC.

The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.

The latest Part of the Journal of Law and Medicine includes the following articles: “The emergence and popularisation of autologous somatic cellular therapies in Australia: Therapeutic innovation or regulatory failure?” – Alison K McLean, Cameron Stewart and Ian Kerridge; “Re Jamie (No 2): A positive development for transgender young people” – Michael Williams, John Chesterman and Phil Grano; “Australian children living with gender dysphoria: Does the Family Court have a role to play?” – Fiona Kelly; “Storage limits of gametes and embryos: Regulation in search of policy justification” – Anita Stuhmcke and Eloise Chandler; “Barriers for domestic surrogacy and challenges of transnational surrogacy in the context of Australians undertaking surrogacy in India” – Louise Johnson, Eric Blyth and Karin Hammarberg; “Selective reduction of fetuses in multiple pregnancies and the law in Australia” – Colleen Davis and Heather Douglas; “Interstate dispensing: A case for uniform, intuitive legislation” – Nijole L Bernaitis, Michelle A King and Denise L Hope; “Planning law and public health at an impasse in Australia: The need for targeted law reforms to improve local food environments to reduce overweight and obesity” – Caroline Mills; “Compensating for the harms of family violence: Statutory barriers in Australian victims of crime compensation schemes” – Christine Forster; “Mandatory reporting of health professionals: The case for a Western Australian style exemption for all Australian practitioners” – Hon Nick Goiran MLC, Margaret Kay, Louise Nash and Georgie Haysom; and ““CAM-creep”: Medical practitioners, professional discipline and integrative medicine” – Walid Jammal, Cameron Stewart and Malcolm Parker.

The latest Part of the Journal of Law and Medicine is a special issue titled Regulating the Use of Human Bodily Material. It includes articles on the legal status of bodies, the regulation of the use of human bodily material, definitions of “property” offered by the majority of the High Court of Australia in the case of Yanner v Eaton, non-consensual genetic testing in Australia, biobanking of blood and bone marrow, property rights in recyclable artificial implants such as pacemakers, extra-bodily DNA sampling by the police, patent term extension schemes, travel for euthanasia or assisted suicide, the regulation of impaired doctors, plus much more.

This Part of JLM includes a wide range of articles and sections to choose from, for example the range includes misleading health service practitioner representations and health outcomes after whiplash, an argument that male circumcision does prevent HIV infection and ethical psychiatric research in Singapore, the legal status of the fetus in NSW and an argument for legalising voluntary physician- based euthanasia, legal capacity under the Convention on the Rights of Persons with Disabilities and open disclosure following medical error. Plus much, much more.

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